Francophone Governance Implementation Handbook Revised February 2002 Francophone Governance Implementation Handbook Revised February 2002 Prepared by the French Language Services Branch ALBERTA LEARNING CATALOGUING IN PUBLICATION DATA Alberta. Alberta Learning. Francophone governance implementation handbook ISBN 0-7785-1356-4 1. Education – Alberta – Francophones. 2. Franco-Albertans – Education - Alberta. 3. French-Canadians – Education – Alberta. 4. School boards – Law and Legislation – Alberta. 5. School management and organization – Alberta. 6. Education and state – Alberta. I. Title LC3734.2.A3.A333 2002 371.207 This publication is for: Students Teachers Administrators ¥ School Trustees ¥ Others ¥ "This handbook has been developed to assist Francophone regional authorities. It does not constitute a legal interpretation of the legislation. It is a reference guide only and must be used in all cases in conjunction with the School Act, RSA 2000 chap. S-3 as amended, the Local Authorities Election Act, RSA 2000 chap. L-21 and other pertinent legislation." "Copyright (c) 2002, the Crown in Right of Alberta as represented by the Minister of Learning. Permission is given by the copyright owner for any person to reproduce this publication or any part thereof for educational purposes and on a non-profit basis." Francophone Governance Implementation Handbook February 2002 ii Francophone Governance Implementation Handbook February 2002 iii TABLE OF CONTENTS 1. Historical Background 1 2. Francophone Education Regions 9 3. Regional Authorities 14 4. Operational Funding to a Regional Authority 20 5. Transfer of Assets from a School Board to a Regional Authority 22 6. Transfer of Teachers from a School Board to a Regional Authority 25 7. Transfer of Non-Teaching Employees from a School Board to a Regional Authority 30 8. Elections 33 9. Bibliography 38 Appendices Appendix A — Applicability of Legislation Appendix B — Ministerial Orders Appendix C — Forms On January 1, 2002 the Revised Statutes of Alberta, 2000 came into force. The section numbers of the School Act have been completely changed and Bill 16, School Amendment Act, 2001 has been inserted into the RSA 2000 under the new numbering. Francophone Governance Implementation Handbook February 2002 iii 1. HISTORICAL BACKGROUND 1.1 Section 23 of the Canadian Charter of Rights and Freedoms Canada’s Constitution gives special recognition to the English and French languages. Section 23 of the Canadian Charter of Rights and Freedoms guarantees the right to the English-speaking minority in Quebec and the French-speaking minority elsewhere in Canada to have their children receive primary and secondary public school instruction in the language of the linguistic minority of that province: 23(1) Citizens of Canada a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that Province. (2) Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language. (3) The right of citizens of Canada under subsection (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province, a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds. 1.2 The School Act (1988) When the Charter became law in 1982, Alberta Education staff and affected parties discussed how best to develop and make available programs to fulfill the rights of citizens in this province who qualify under section 23 to have their children educated in French. Francophone Governance Implementation Handbook February 2002 /1 The Government of Alberta proclaimed a new School Act in 1988, which attempted to reflect the requirements of section 23 of the Charter. Section 10 of the School Act states: (1) If an individual has rights under section 23 of the Canadian Charter of Rights and Freedoms to have his children receive school instruction in French, his children are entitled to receive that instruction in accordance with those rights wherever in the Province those rights apply. (2) The Lieutenant Governor in Council may make regulations respecting anything that may be required to give effect to subsection (1). The Lieutenant Governor in Council has not made any regulations, pursuant to section 10(2) affecting the education of children of Francophone parents. 1.3 The Supreme Court of Canada decision (Mahé v. Alberta [1990] 1 S.C.R. 342) In the March 15, 1990, Supreme Court of Canada decision Chief Justice Dickson stated: a) The purpose of section 23 is to preserve and enhance the French language culture and to reduce the rate of assimilation. Its purpose is to “correct, on a national scale, the progressive erosion of minority official language groups and to give effect to the concept of ‘equal partnership’ of the two official language groups in the context of education”. b) Rightly or wrongly — and it is not for the courts to decide — the framers of the Constitution manifestly regarded as inadequate some — and perhaps all — of the regimes in force at the time the Charter was enacted, and their intention was to remedy the perceived defects of these regimes by uniform corrective measures, namely those contained in section 23 of the Charter, which were at the same time given the status of constitutional guarantee. c) My reference to cultures is significant: it is based on the fact that any broad guarantee of language rights, especially in the context of education, cannot be separated from a concern for the culture associated with the language. d) … “The Province must enact legislation (and regulations, if necessary) that in all respects is consistent with section 23 of the Charter… To date the legislature of Alberta has failed to discharge its section 23 obligation. It should delay no longer in putting into place the appropriate minority language education scheme.” Other conclusions reached in that Supreme Court decision have been summarized as follows: e) Protection of the rights of the minority cannot be left in the hands of the majority. Francophone Governance Implementation Handbook February 2002 /2 f) Section 23 parents have a right to choose to have their children educated either in English or in French. g) In determining whether numbers warrant either programs or schools, a sliding scale must be considered. The Court also said that in determining the number it was important to consider not only the number of section 23 parents who want a program or school (the known demand), but also the number who potentially might access the program or school. h) Section 23 parents have a right to a certain degree of management and control of French schools. Again, a sliding scale must be considered, with French school boards being the top of the scale. i) Where numbers warrant, section 23 confers upon minority language parents a right of management and control over the educational facilities in which their children are taught. Such management and control is vital to ensure that their language and culture flourish. In summary, in Mahé v. Alberta, the Supreme Court of Canada judgment stipulated that: j) The general purpose of section 23 ... is to preserve and promote the two official languages of Canada, and their respective cultures, by ensuring that each language flourishes, as far as possible, in provinces where it is not spoken by the majority of the population. k) A further important aspect of the purpose of section 23 is the role of the section as a remedial provision. l) In addition, it is worth noting that minority schools themselves provide community centres where the promotion and preservation of minority language culture can occur; they provide needed locations where the minority community can meet and facilities that they can use to express their culture. The court also emphasized that each province should design a minority governance system suited to its particular needs and situation. 1.4 Appointment of the French Language Working Group In January 1991, the Minister appointed the French Language Working Group to make recommendations for legislation to implement the Supreme Court of Canada decision in a way that suits the Alberta context and Alberta communities. The Honourable Walter Paszkowski, MLA, Smoky River Constituency chaired the Working Group. Francophone Governance Implementation Handbook February 2002 /3 The members were: Louis Desrochers, Public Member, Edmonton (Vice-Chairman) Gérard Bissonnette, Alberta Education John Brosseau, Conference of Alberta School Superintendents Gary Flitton, Public Member, Vulcan Charles Hyman, Alberta Teachers’ Association France Levasseur-Quimet, Association canadienne-francaise de l’Alberta Mary O’Neill, Alberta School Trustees’ Association Claudette Roy, Fédération des parents francophones de l’Alberta Russell Tynan, Public Member, Calgary 1.5 The Working Group’s Guiding Principles The Working Group based its recommendations on the following guiding principles: a) The quality of education for Francophone children is an important objective, to be sought in conjunction with the need to preserve and enhance the French language and culture. b) The model for management and control must be consistent with the requirements of the Supreme Court of Canada decision.